Generally two years from the date of death under Civil Practice and Remedies Code section 16.003(b). Claims involving a government vehicle or road can require written notice much sooner, often within six months, and some city charters require notice within 90 days.
Texas sets a two-year limitations period for injury resulting in death. Section 16.003(b) of the Civil Practice and Remedies Code says the cause of action accrues on the death of the injured person, so the two years run from the date of death, not the date of the crash, if they are different.
Government claims have earlier deadlines. If a city bus, a police car, a county truck, or a state road defect played a role, the Texas Tort Claims Act requires written notice of the claim within six months under section 101.101, and city charters can shorten that. The Houston and San Antonio charters require notice within 90 days. Missing a notice deadline can end the claim even if the lawsuit deadline has not run.
Families should also know about a three-month rule. Under section 71.004(c), if none of the surviving spouse, children, or parents files within three calendar months after the death, the executor or administrator of the estate must bring the action unless all of them ask the executor not to. That does not shorten the two-year deadline, but it affects who controls the case.
Some circumstances can pause a limitations period, such as a claimant who is a minor, under section 16.001. Those rules are applied narrowly, and families should not rely on them without advice.
The deadline applies to filing suit, not just to making a claim. Negotiating with an insurer does not stop the clock, and an insurer has no obligation to remind a family that the deadline is approaching. If a case has not settled well before two years, it should be filed to protect the family’s rights.
Who files can affect the timing. One or more of the spouse, children, or parents may bring the action for all, so families do not need everyone to agree before a lawsuit is filed to protect the deadline.
Grief makes deadlines easy to miss, and evidence disappears much faster than two years. Owsley Law Firm meets with families at no charge, handles notice and filing deadlines, and charges no fee unless it recovers.
What to do, step by step
- Write down the date of death and the date of the crash.
- Find out whether any government vehicle, employee, or road condition was involved.
- Gather the crash report, the death certificate, and any insurance letters.
- Talk to a lawyer about notice deadlines and who should bring the claim.
Uninsured and underinsured motorist claims bring their own requirements. The family’s policy may require prompt notice of the claim and the insurer’s consent before settling with the at-fault driver. Missing a policy condition can create a dispute with your own insurer, so the policy should be read early.
Evidence moves on a much faster clock than the law. Vehicles are repaired or salvaged, phone records and video are kept for limited periods, and a commercial carrier’s data can be lost if no one asks for it. Families should not wait for the funeral and the hardest weeks to pass before someone sends preservation letters.
The survival claim follows the same general two-year rule and is brought by the estate’s representative. Opening an estate can take time, which is one more reason to start early.
A claim against the federal government, such as a crash with a federal vehicle, follows the Federal Tort Claims Act and requires an administrative claim first. Those rules are different from the Texas deadlines.
Related questions
Does the deadline run from the crash or the death?
From the death, under section 16.003(b), when the two dates are different.
Can we file after two years if we did not know who was at fault?
Texas exceptions are narrow. Do not assume one applies; talk to a lawyer well before the two years run.
Do all family members have to agree to file?
No. One or more of the spouse, children, or parents can bring the action for the benefit of all.
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